In New York, one of the most litigated areas of personal injury claims concerns construction-related work accidents brought pursuant to Sections 240 and 241 of New York State’s Labor Law. The stakes in these lawsuits are high as the injuries suffered and lost earnings alleged are often significant, and as Labor Law §240 claims can impose strict liability on the property owners, general contractors, and subcontractors that violate the provisions of the statute.
Callahan & Fusco, LLC. has a history of successfully defending against Labor Law matters from claims stage through trial and appeals, where appropriate. Our vigorous defense on behalf of our clients includes comprehensive pre-suit investigation, analysis and development of all available statutory and case law defenses through discovery, and the retention of highly qualified engineering experts with whom we have teamed to defend against any alleged Industrial Code violations or jobsite deficiencies. We also work with well-regarded medical, economic and vocational experts to defend against the causation and extent of the alleged injuries and damages.
A critical issue in most Labor Law claims is whether the client’s defense and indemnification can be successfully transferred to another party who performed work at the jobsite, whether pursuant to hold harmless or “additional insured” contractual provisions or through the “grave injury” exception in Section 11 of the New York Workers’ Compensation Law. Not only have we minimized exposure and accomplished total loss transfer in many cases, but we also have a track record of fully recovering the attorneys’ fees and defense costs expended on behalf of our clients from the indemnifying party. Our knowledge of these legal issues also enables us to draft construction contracts with appropriate indemnification and insurance provisions to protect our clients before work begins at the jobsite and potentially to avoid costly litigation should an accident occur.
Construction-related accidents are among the most serious personal injury claims in New York. Callahan & Fusco’s strong results defending against Labor Law claims are the product of our collective experience, skill, teamwork and dedication to our clients.